The Legal Responsibilities of Working in PR

One of the elements of working in public relations that is not often discussed are the legal responsibilities we often face in our day to day work. PR is so often seen as being all about media relations and promotion but the profession is increasingly, and rightly so, taking a stronger seat at the board room table and playing a major part in company strategic decisions that may or may not have legal ramifications down the track.

Whether it be through words we choose to put in a press release or public statement on behalf of a firm or advice we might provide with regards to how to manage a crisis situation, as PR practitioners we have enormous responsibility to ensure our approach is legally acceptable and in the best interests of all concerned.

Understanding the importance of confidentiality and where the boundaries lie with regards to this is essential. The Public Relations Institute of Australia (PRIA) individual code of ethics state in point four the following:

With the exception of the requirements of Clause 9 members shall safeguard the confidences of both present and former employers and clients, including confidential information about employers' or clients' business affairs, technical methods or processes, except upon the order of a court of competent jurisdiction.

You can read more about the PRIA code of ehtics here:

http://www.pria.com.au/membercentre/members-code-of-ethics

It is the last point that is important - of course the courts do have the right to ask you to reveal information that you may have considered to be fully confidential. The 'James Hardie case' is a classic example of how the courts can and will unveil the information it requires if it is in the interestes of coming to a fair and just conclusion, and this case is also a great example of the importance of considering not only the content of your press release but the approval process too. If you are not familiar with the ins and out of this case take a look at this article to get an idea of some of the issues:

http://www.smh.com.au/business/former-pr-head-real-culprit-say-hardie-lawyers-20090302-8mdu.html

Crisis communications often involves making decisions under pressure but it is vital that at all times professional ethical standards are upheld and will stand up also in a court of law.

I found a very interesting article posted by Cayce Myers of the University of Georgia in the United States on the Institute for Public Relations website that is well worth a read and raises a number of interesting legal situations and variances that a public relations professional may face in terms of legal rights with regards to confidentiality. See here:

http://www.instituteforpr.org/2013/03/litigation-and-public-relations-four-questions-every-practitioner-should-ask/

If as professionals we are going to hold greater weight in the board room then it is imperative that we understand our responsibilities and operate ethically at all times.

Yasmine Gray
Company Director at Graymedia
www.graymedia.com.au